KoreanLawinTransition Kim by WV5W2f


									       Korean Law in Transition: Politics, Business & Society

2012 Spring Semester                                Visiting Prof. Joongi Kim
Class Hours: Friday 9~11                            Office Hours: By appointment

Course Description:

   This seminar will explore Korean law and its legal system from a comparative and
international perspective. The laws impact on a broad range of themes that affect
contemporary Korea will be analyzed. The seminar assumes that students have no
background knowledge of Korea. Areas covered will include financial and corporate reforms,
trade and investment, chaebol policy, the role of the Constitutional Court, civil right and
liberties, relations with North Korea and post-unification issues. Overall, the seminar will
seek to provide a foundation for understanding Korean politics, business and society. Legal
developments will be examined through the lens of the dynamic changes that are reshaping
the environment in Asia.

   The course will first explore topics relating to Korea's initial encounter with “Western”
concepts of the law and Korean ideas and attitude toward law. Particular emphasis will be
placed on the concept of a rule of law by reviewing how legal changes have shaped society.
The development of civil rights and transition to one of the most advanced democracies in
Asia will be reviewed. Korea’s bold transformation to reform its legal system, reconstruct its
legal education and liberalize its legal services market will also be explored, particularly
within the context of its Free Trade Agreements with the E.U. and the U.S.

   The course will then focus on the demands that modern businesses face. In particular, the
Asian Financial Crisis and the most recent Global Financial Crisis caused fundamental
changes to the laws, regulations and practices applicable to conducting business in Korea.
Problems associated with these crises and how laws and regulations are modernizing in
response to these challenges will be analyzed. Current policy issues relating to the chaebol
include corporate governance, banking reform, management succession, labor reforms,
holding companies, and mergers and acquisitions. Finally, we will examine the North Korean
legal system, and the changes in relations between South and North Korea. The seminar will
examine the internal and external legal environment of the Korean peninsula within the
context of these geopolitical changes.


    Most of these issues will be explored through discussion and analysis. Grading will be
based on class participation, presentations and attendance (30%), and a paper (70%). Active
class participation is strongly encouraged. For each week's class, certain pre-designated
facilitators will be called upon to provide an outline of the relevant subject matter and lead
class discussion.

Textbook, Class Material and References:

   Selected articles, case study materials and papers

Class Schedule

(1) Week of Mar 16: Korea’s Legal Tradition [Tiffany]

Dai-Kwon Choi, Development of Law and Legal Institutions in Korea, in Bong Duck, Chun, Et Al.,
Traditional Korean Legal Attitudes 59~72 (1980).

Sang Hyun Song, Special Problems in Studying Korean Law in Sang Hyun Song, Korean Law in the
Global Economy 177~195 (1996) .

Youngjoon Kwon, Korea: Bridging the Gap between Korean Substance and Western Form in E. Ann
Black & Gary Bell, Law and Legal Institutions of Asia, 151~182 (2011).

(2) Week of Mar 23: Legal System and Institutions, Litigation and Dispute Resolution

Dai-Kwon Choi, Legal System: Korea, in DAI-KWON CHOI & KAHEI ROKUMOTO, EDS.,
Dohyun Kim & Sanghie Han, Civil Litigation in Korea: Trends and Analysis, in DAI-KWON
WORLD 69-103 (2007).

Introductory Brochure, SUPREME COURT OF KOREA 8-29, 50-63 (2009).[skim] Twen

(3) Week of Mar 30: Establishment of Rule of Law: Transition to a Developed Country

Chulwoo, Lee, Talking About Korean Legal Culture: A Critical Review of the Discursive
Production   of    Legal    Culture    in  Korea,   38   KOREA J.    45-73    (1998).
Jonghyun Park, The Judicialization of Politics in Korea, 10 ASIAN-PAC. L. & POL’Y J. 62-113
(2008). http://blog.hawaii.edu/aplpj/files/2011/11/APLPJ_10.1_park.pdf

No Class Apr 6

(4) Week of Apr 13: Civil Rights and Liberties and Migration [Douglas]

Kuk Cho, The Crime of Adultery in Korea: Inadequate Means for Maintaining Morality and
Protecting Women, 2 J. KOREAN L. 81-99 (2002). Heinonline

Kuk Cho, Korean Criminal Law: Moralist Prima Ratio for Social Control, 1 J. KOREAN L.
NO.1, 77-96 (2001). Heinonline

Jinsu Yune, Tradition and the Constitution in the Context of Korean Family Law, 5 J.
KOREAN L. NO. 1, 194~212 (2005). Heinonline

Chulwoo Lee, South Korea: The Transformation of Citizenship and the State-Nation Nexus, 40 J.
CONTEMPORARY ASIA 230~251 (2010). Twen

(5) Week of Apr 20: International Trade and Investment [Kristy]

Won Mog Choi, Aggressive Regionalism in Korea-U.S. FTA: The Present and Future of Korea’s FTA
Policy, 12(3) Journal of International Economic Law 595~615 (2009)

Jaemin Lee, Increasing Interaction Between Investment and Trade in Korea, in Seung Wha
CHANG and Won-Mok Choi, Trade Law and Regulation in Korea 134~162 (2011)

Joongi Kim, The Evolution of Korea's Modern Investment Treaties, FOREIGN INVESTMENT AND

(6) Week of Apr 27: Reunification Problems and Prospects with North Korea [Tiffany]

Daniel Knuden & William J. Moon North Korea and the Politics of International Trade Law: Kaesong
Industrial Complex and WTO Rules of Origin, 35 Yale Journal of International Law 251~256, 2010

Patricia A. Goedde, Legal Mobilization for Human Rights Protection in North Korea: Furthering
Discourse or Discord? 32 Human Rights Quarterly, 530~574 August 2010

Jade Palomino, Diplomacy As A Means To Successfully Disarm North Korea, 32 U. Pa. J. Int'l L.
937~959 (2011)

2010 Human Rights Report: Democratic People's Republic of Korea, Bureau of Democracy, Human
Rights, and Labor, Department of State 1~18 [Skim]

“The more perfect the law the greater will be the liberty. The law that makes it possible for a human being to do
the best thing that he was made for, is the perfect law, and the human being who most perfectly obeys that law is
the most nearly free. Freedom then, or liberty, is the perfect obedience to perfect law. Korea will never be free
until she has good laws. Sô Chae-pil The Independent October 7, 1897”


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